First, if you had a pre-existing condition at the time of your accident, you should be prepared for pushback from the other party’s insurance company. They may even try to use your pre-existing condition as a reason to deny your current claim.
If the other party’s attorney or insurance company contacts you and asks for a statement about the accident, keep in mind that you are under no legal obligation to provide one. If you have not already hired an attorney to protect and represent you, this is the time to seriously consider doing so.
You should share information about any new injuries, old injuries, pre-existing conditions, and details of the incident only with your own attorney. Being honest and forthcoming about this information will help your attorney develop the best strategy for responding to arguments and accusations from the defense attorney or insurance company later.
Insurance companies are committed to protecting their bottom line. However, if you have a pre-existing condition and either suffered new injuries in an accident or had your existing condition made worse, Texas law may still allow you to recover compensation. Understanding those laws and their limits is important.
That is why, in nearly every case, it is best to hire an experienced attorney to help with your claim and to prevent the insurance company from trying to take advantage of you. Because personal injury laws vary from state to state, your attorney is in the best position to advise you on the specific details of your case.
I hope you find this information helpful and reassuring. A pre-existing condition does not necessarily mean you cannot recover compensation for new injuries, but it does mean you need to be careful about who you share your medical information with.
Call Negem & Worthington at (903) 595-4466 or click here for more information.